Date: Tue, 6 Aug 1996 13:00:54 +0100
From: Mark Watson
Subject: Deport case won
Stonewall Press Release
Tuesday 6 August 1996
Same-sex couple win deportation appeal!
A 38 year old Moroccan man who has lived with his British partner for
over ten years has won his appeal against a decision by the Home Office
to deport him.
The Home Office had refused to accept that the existence of a ten year
gay relationship with a British citizen were grounds for allowing the
man to stay in the United Kingdom and insisted that deportation was the
only course of action.
However the Immigration Appeals Adjudicator concluded that:
'I do find the that the appellant and his partner have had a stable
homosexual relationship since the since shortly after they met in 1983.
I am satisfied that they could not continue this relationship if the
appellant were deported to Morocco and I am satisfied that there are
compassionate grounds within the provisions of paragraph 164 of HC251
[the Rules] so that although deportation will normally be the proper
course... in this case, having taken into account all the relevant
factors, I consider that the appeal should be allowed.'
The adjudicator also indicated that to deport the man could have been in
breach of the European Convention on Human Rights. The Home Office have
not appealed the decision.
The couple were unaware that they could apply to the Home Office based
on their relationship until they heard of the Stonewall Immigration
Group in September 1994.
Mark Watson, Chair of the Stonewall Immigration Group stated:
'We are extremely pleased with the adjudicator's decision - but saddened
that the Home Office tried to deport him in the first place -
deportation is rarely initiated against heterosexual's who have had a
two year relationship or more at time of enforcement action.
However this makes the 16th case we have won and we have yet to lose a
case. I am optimistic about the future and believe our case is so
compelling that it is now only a matter of time before the policy is
changed in our favour.'
ENDS
For more information please call Mark Watson on 0171 336 8860 or their
solicitor, Matthew Davies on 0181 808 7535
Mark Watson
Stonewall
16 Clerkenwell Close
London
EC1R 0AA
Tel. 0171 336 8860
Fax. 0171 336 8864
mark@stonewall.org.uk
http://www.tyger.co.uk/sig/